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JANUARY 12, 1884.

XAMINER,

|

'

The Office of Clerk of the Crown.

‘Tuere are but one or two poiuts in| the Patriot's editorial to which we deem it necessary to refer. It will not be doubted for one moment that no qnestion | would have been raised as to the right | of Lieut.-Governor in Council to} appoint the Clerk of the Crown if the | request appoint the Hon. John Longworth to that office had been com- plied with! Our readers should bear in mind that, according to the Patriot's contention, the right of the Government to appo:nt that officer depended on the person whom they appointed to office. In other words, if the Government had appoint’d Mr. Longworth, then, aod in that case, they had the power to do so; | but, as they gave the office to Mr. Irving, | they have not the power to appoint the officer at all! Herein lies the the objection to the right of the Lieut.- Governor in Council to appoint the Clerk of the Crown.

the

to

secret of

The Patriot accuses THe EXAMINER of misrepresenting the Judges in stating that they held that the appointment of Prothonotary carried with it that of Clerk the Crown;—apd then the Patriot says that:

ot

“Upon the death of the late Daniel Hedyson, Esq., Prothonotary and Clerk of the Crown, a new Commission was issued to the Hon. John Longworth, under the authority of the Provincial Act pessed in the year 1872, chap. 14, which enacts ‘‘That the Prothonotary and Assistant Prothono- taries shall be each and all nominated and appointed by the Judges of the Supreme Court of this Island,” &&., &e. This Com- mission was signed by all the three Judges of the Supreme Court. The Commission, we understand, did not nominally, in its terms, express the words, ‘‘Clerk of the Crown” (as it did the term Prothonotary, it being thought as the Legislature had in the years 1853 and 1854 united the two offices at the time of appropriating the salary, by enacting ‘That there shall be allowed and paid unto the present or any future Clerk of the Crown and Prothonotary as and for the salary of that office’ etc., ‘the sum of’ etc.) that a separate commission would not be required. particularly as the Legislature in every subsequent grant for the last thirty years (with what appears two inadvertant exceptions) when expressly naming the otlicer in the appropriation item, spoke of the offices as united.”

If this extract means anything it means, what we stated on Wednesday, ‘that the contention of the judges is that the ap- | pointment of Prothonotary carries with it that of Clerk of the Crown.” Yet the Patriot bas the effrontery to charge Tux ExaMINeR with ‘‘a misrepresentation, no such ground being relied on nor even mentioned in the letter of dissent and remonstrance sent to the Lieutenant- Governor.” The fact is, we obtained our information on this point from the Patriot itself ; and it, ifany one, is guilty of misrepresentation. For we read in an issue of that paper, published in August last, that the Hon. John Longworth had been appointed Pro- thonotary, and that the Judges of the Supreme Court were uuanimously of opinion that that appointment carried with it that of Clerk of the Crown! The editor of the Patriot perhaps will inform at which time Ae misrepresented the facts—whether in August last, when he stated that the Judges held that opinion, or yesterday when he denied it for them?

Again the Patriot suppresses the fact that Daniel Hodgson was appointed Clerk of the Crown by the Government.

The article in yesterday’s Patriot appears to be an official one, and as such it must be treated. It informs us that “Mr. Irving was sworn in (as Clerk of the Crown) before Mr. Justice Hensley without the knowledge aud against the will of the other Judges of the Court,” It would be interesting for the writer of the Patriot article to explain how Judge Hensley could, without the knowledge of the other Judges, swear Mr. Irving in against their will !

With regard to the legal bearing of the question, the Patriot writer informs us thet he prefers “taking the law as ex- pounded by the Supreme Court.” The Patriot writer has the right to do as he pleases on that point, and it makes no difference which view he takes. The public, unfortunately for him, do not attach much weight to the ‘‘decision” in in this matter because it is most emphatically dissented from by Mr.

Justice Hensley, and disapproved of by His Honor the Lieutenant Gov-

ernor, who is well known to be one of the soundest constitutional lawyers in the Province, by the Attorney-General, and by the leading lawyers of the Province.

There is one fact that we cannot refrain from drawing attention to. Mr. Justice Hensley stated on the Bench on Tuesday last that he did not kaow that the question regarding Mr. Irving’s appointment was coming before ihe Court until the day before—Monday. The public would like to know why Jadge Hensley was kept in the dark ?

We trust that the Government will lose no time in publishing the “statement, in writing, of the particular grounds and authorities upon which the Court (that is the Chief Justice) based their judgment for disapproving of Mr. Irving’s appoint- ment”’—which His Lordship has traus- mitted to the Lieutenant-Governor. We should like to see the grounds upon which His Lordship has seen fit to dis- approve of the appointment of one of the most efficient officers of the Public Ser- vice, aod refused to receive him as Clerk of the Crown, though he is qualified for

eee Se

TEE DAILY

_- ~———

training, avd though he holds Her Ma- jesty's commission appointing him to it.

As to the “personalities” which form & prominent fexture of the Potriot’s arti- cle, we have to say that (1) they area confession of weakness, (2) if we fet that the cause THe Examiner has es- poused needed such adventitious aid, we might easily retort by enlarging on the close family relationship which, it is well known, exists between the Chief Justice

and the gentleman for whose bevefit the Chief Justice seeks to eject Mr, Irving from the office of Clerk of the Crown ; (3) the editor of the Patriot can have no suf- ficient evidence of that which he has the audacity to state respecting the author- ship of Tue Examiner’s article; (4) uo lawyer had anything whatever to do with the article referred to; and the law ex- pounded by Tur Examiner is such as is commonly known or has been laid down by the Judges themselves while on the Bench. It is significant that, though the

Patriot charges Tue Examyer with misrepresenting the ‘facts,’ it has

studiously abstained from pointing out a

single “fact” that we have. misrepre- -

' sented.

snsidaecibatilliitaphiasighceen

—Hon. Donald Ferguson will, on Thursday evening next, deliver a lecture in the Y. M. C. A. Hall on “Agricul- taral Education.’ The subject is of the first importance to all classes in the Pro- vince, and as Mr. Ferguson is a practical agricalturist, and thoroughly ac- quainted with the benefits to be derived from agricultural education, the lecture will certainly contain much useful and valuable information, many good practi- cal suggestions, and, at the same time, be a fine literary production.

13

Our Advertisers.

Miller Bros. are offering great bargains

in sewing machines, organs, etc. In con-

nection with their establishment is a first-

class workshop, where repairs are attended to promptly, cheaply and well.

J. B. Macdonald is now holding his annual clearance sale. As the stock now on hand must be cleared out in order to make room for spring supplies, great bar- gains may be expected.

The first of the series of Penny Readings ia St. Peter's Schoolroom will be held on Tuesday evening, January 22. A good pro- gramme is being prepared.

Hon. Donald Ferguson will deliver a lecture on ‘‘Agricultural Education,” in the Y. M. C. A. Hall, on Thursday evening next.

Horace Haszard is issuing fire insurance policies cn every class of insurable property at reasonable rates.

Supreme Court.

Sarurpay, Jan. 12, 1884.

The Queen vs. Michael Beagan. —The trial of this case was finished last evening, when Mr. Arthur Peters, after a vigorous fight, succeeded in getting the prisoner acquitted.

The Queen vs. John MePherson.—Indict- ment for larceny. The prisoner is now on his trial. The Attorney-General for the Crown, Mr. Mulally and Mr. McLean for the prisoner.

—— ee

LETTERS TO THE EDITOR.

The Topic of the Day.

Sir,—The unseemly and petty objections offered by Chief Justice Palmer and Mr. Justice Peters to the appointment of Mr. J. D. Irving as Clerk of the Crown, have awakened a feeling among the people that may lead to reconstruction in other quarters of the judiciary, the necessity of which has been on more than one occasion clearly foreshadowed. The Patriot, of course, justifies the dismissal of a young man who has received his training for the position, which he so worthily occupies, from the late Daniel Hodgson—who, by the way, was himself a ‘‘ Layman.” Will @he Patriot say that its new found friend, the Hon. John Longworth, though a Q C., and a gentleman of high professional stand- ing, is better qualified to fill the office of Cierk of the Crown than was the late Mr. Hodgson—a layman! We have yet to

learn that a professional training is en essential qualification for the office Clerk of the Crown.

We are told by the Patriot as the mouth- piece of the Bench in this case, that accord- ing to the constitution of this Province, the Lieut.-Governor has not the power to confer such appointment, and even if he (the Lieut.-Governcer) had the power, Mr. Irving was not a sufficiently competent person to discharge the duties of the office in question. How is it that the Bench did not discover Mr. Irving’s incompetency before now? If the Lieut.-Governor in Council does not represent the Crown in this Province, who does? The Judges of the Supreme Court cannot surely represent the Crown, because the Crown appoints them, and therefore they are but the ser» vants of the Crown. Can aservant assume the prerogatives of his master or sovereign ? The writer in his blissful ignorance of law, always thought the Attorney-General for the time being represented the Crown, and not the Judges of the Supreme Court. If so, has not that cfiicer, in his double capecity, as the Queen’s first adviser, and heal of Her Majesty’s Executive Coun- cil, the power to appoint the Clerk of the Crown, who exercises his functions as a Ministerial officer? Surely political feeling has not entered the stream of Justice in this Proviace, which should ever continue to flow in all its purity, unsullied by any ‘ties of kindredship, or any other considera- tion. Yours, A. LayMAN. Jan. 12, 1884.

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The Fisheries of 1883 EMPLOYED 29,000 FISHERMEN, 743 VESSELS AND 11,500 boats, AND VALUED

ar $7,600,000 !

(From the Halifax Herald.)

Stimulated by the Government bounty and by fair prices, and prosecuted by an industrious and frugal class of men, the fishing industry, like all other Canadian industries, has during the past year been carried on with renewed vigor and has yielded a bountiful harvest. The increased value of the past year's crop, we have good authority for stating, will amount to nearly half a million of dollars. This increase is almost entirely in cod and other fish of the same family—thus proving the practical effect Of the bounty. To this branch of the fisheries over forty new vessels and three hundred and sixty men have been added since the previous year, as well as 1,150 new boats to the shore service.

THIS YEAR'S CATCH amounting in value to about $7,600,000, was gathered by 29,000 fishermen, owning 743 ~=vessels, 11,500 boats, 1,250,000 fathoms of nets and seines, and 700 weirs

and traps, valued in all at $2,250,000. The x«bove total value of the fisheries,

would give to every man, woman and child engaged in themi, including those in the lobster factories and others who are ac tually engaged only a few months in the year about $265; but the difference in the prices obtained by the fishermen, and those at which the returns are made tp would reduce the amount to about $225 per capita. THE BANK FISHING

has proved very successful, but the shore fishing on a great portion of the coast has not been so profitable. The salmon crop is almost the same as last year, showing an increase over the year ‘81 of about one hundred percent. During the fall months, the rivers all around the coast were better supplied with parent fish than has been known at any time for the past tlirty years. With improved protection and facilities for passing these fish over the mill dams, gradu- al and satisfactory increase may, with con- fidence,be anticipated for the coming years. The great advantage of artificial culture also is beginning to show itself with gratify- ing results m nearly all the rivers into which young salmon have been planted during the past seven .or eight years, and from this time forward there will, no doubt, follow an increased supply, consequent upon these efforts,

Our fishermen had altogether a prosper- ous season, and are generally contented, comfortable and happy. There are many reasons for anticipating still

LARGER AND MORE PROFITABLE RESULTS IN THE FUTURE.

(1.) By improved protection to all fish frequenting our island waters for the pur- pose of precreation.

(2.) By the improved and more economic modes and appliances for taking fish, in- cluding boats and vessels,

(3.) By increasing commercial facilities for reaching profitable markets with fresh and other fish.

(4.) By improved methods of curing to suit the different markets of the world.

(5.) By increased knowledge of the capa- bilities of our fishing as well as the habits and movements of the different species in order to their more ready capture.

The experience of older countries pro- claims the wisdom exhibited by the states- men of Canada in providing for the protection and culture of the fisheries. They are an inexhaustible source of wealth, giving to man the best of food, merely fer the trouble of capture and at the same time training men for a mercantile marine indispensible to the growth and strength of a mation, _ Success to the fisheries and a happy New Year to the fishermen all around our coast and prepare to reap a more abund- ant harvest during the year 1884,

THe Knire ar Sea.—Word has been re- ceived at Pictou from the captain ef the bark ‘John Gill,” at Buenos Ayres from Liverpool on the 23rd Nov., {that, while the vessel was

‘in latitude 8.41 north, longitude 24,52 west, a

seaman, Wm. Black, stabbed the mate, Alex. McColl; in the left breast, and immediately jumped Overboard. The mate, who belonged to River John, died in about forty minutes, aud Black was drowned. McColl was a tine young man, of good character, and a good sea- man.—Pictou Coloniab Standard.

=

VW. M.C A;

LECTURE COURSE.

YHE Fifth Leeture of the Winter Course, before the Young Men’s Christian Asso- ciation, wili be delivered by

HON. D. FERGUSON, M. P. P., —IN THR—

=. ma. Go we wee, - O§—

Thursday Ev'ng, January 17th,

SUBJECT—“‘ACGRICULTURAL EDUCATION.”

Chair to be taken at eight o'clock. Ad mission ten cents, : HENRY SMITH, Secretary.

Oh'town, Jan, 12, 1°84 —pat,

Dt. Peter's Penny Readings, First of the Series. 87, PETER’S SCHOOLRGOM,

Tuesday, Jan. 22nd.

ADMISSION, 10 CENTS. Ch’town, Jan. 12, 1884. —m w&f,

\ivcte,tiipapg|FIRE INSURANCE

ceived an anonymous present of n {enay and magnificent piece of tapestry. on which is represented the scene of the Emperor Henry LV. doing penance at Canossa. I: is hung at Friedrichsruhe, in the corridor leading from the Prinee’s study tv his

the ofiite by eduvativn, experivnce, and

drawing-robin, .

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ISKS taken on all classes of insurable property at reasonable rates.

HORACE HASZARD.

, Lower Queen Street. Ch'town, Jam, 12, 8%—2w edd,

.

BR, JANUARY

12. ase}

oo aml sm —_

ea

SEWING MACHINES,

CHEAPEST AND BEST

EN

PRICE

$5.00

TO

$100.00.

MILLER BROTHERS,

QUEEN STHEET.

————

The following are some of the kinds in stock, viz.,

Raymond, American Singer, Honsehold, White, William Singer, — G@sborne, Wanzer, Wheeler & Wilson, ¢ hampion, Royal, Gem, Weed.

A large supply of extras and parts kept constantly on hand, Sewing Machines, all kinds, fully warranted.

A first-class repair shop in connection where the repairing of all Sewing Machines is promptly attended to.

MILLER BROTHERS also keep on hand a

LARGE STOCK OF ORCANS,

which they are selling atextremely low prices. ORGANS in $60 upwards.

Accordeons, Concertinas, Violins and other small musical instruments at

~"” MILLER BROTHERS,

Dealers in Pianos, Organs, and Sewiug Machines.

piice, from

Charlotietown, Jan. 12, 1884,-——

—_———— A

ISs4.

JANUARY.

Oo

Annual Clearance Sale Aft

J. B. MACDONALD’S.

;O.—— AM now having ny Annual Clearance Sale, and will CLEAR OUT Wool Goods in

Scarfs, Clouds, Wool Squares

Heavy Winter Cloths, Winter Dress Stuffs,

Ladies’ Fur Caps and Mufts,

Ladies’ Fur Tippets,

Ladies’ Feitand Fur Bats,

Men’s Fur and Cloth Caps,

Men’s 2nd Heys’ Ulsters, Oyercoats Jackets,

Alo Remnants in Cloths, Remnants in Dress Stuffs, Remnants in Prints, and Remnants in Canton Flanne}-«.

These goods must be cleared out and Bargains Extraordinary

will be given. J. B. MACDONALD'S,

On’town, Jan. 12, 18°4.—2aw wktir, (jueen Street.

on. mena seme

ISs84.

|

and Reefing

GREAT ATTRACTIONS

——-0:0——

Just Received, a Large Assortment of

J HW HTR yy .,

CONSISTING OF Gold and Silver Waltham and Geneva Watches, Colored, Gold and Plated Sets, Ladiew Chainsand Lockets,

GENTS’ GOLD, GOji,D-PLATED, SILVER AND NICKEL LOCKE?S AND CHAINS,

Silver-Plated Ware, Eight-Day and ThirtyeHour @locks (American styles), Spectacles and Eyeglasses,”

seg Call and be convinced that my Stock is the Cheapest and Best in Char- lottetown.

Watches, Clocks, Jewelry, etc., cleaned and repaired. All work warranted.

G. G. JURY, North Side Queea Square, Opposite Post Office

Charlottetown, Dea 18, 1883.—@ew me th wily In

TE

CHARLOTTETOWN

FLOUR, FEED AND PROVISION,

STORE,

South Side Queen Square, near Queen Street,

Aye to announce that they dave on hand the following goods, which they are pre- pared to sell at reasonable prices and in quantities to suit purchasers;

Flour (Superior Extra, Strong Bakers’ and Patent)

OATMEAL, CORNMEAL, BRAN, SHORTS, OATS,

CRUSHED FEED, either Oats and B which will be sold by the barrel or by the

Ch’town, Dev. 18, 1883.

ley or Oats, Barley and Corn. APPLES, pound, at rates very little over barrel prices.

$160.00 ©

Pf. ISLERD REILWIY ’ + u . ae ; r SHE SPECIAL TRAIN, renpbinyg im cog nection with the steamer ‘Northern Light,” has been withdrawn assenbycrs for the “‘iorthern Light” will

require to vo by the Regular Train, leaving re at 2 30 o'clock, p. m JAMES COLEMAR, Superintendent, Railway Offive, Ch’town, Jan. 11, 1488. —2i. WILL GIiV° WHITTEN GUAR. AATHE ‘hat my MOUSTACHE GROWEK will produce heavy mous- tache inside tem weeks, or morey

refunded. Price of Hecize, $1, Address: J. MURKRAY MeNEIL, Lendon,

Ontario. =) ili ‘wee (janll wt. LECTURE!

J. H. FLETCHER, ESO,

DELIVER HIS

WILL

NEW AND POPUGAR LECIURE

condi ume “UNCROWNED HEROES,” in the Pocerent of the Ziom Church,

--ON-

Monday, 4th inst., AT EIGHT O'CLOCK, P. M.

Doors open at 730 o'clock. Admission,

10 cents. ‘ harlottetown, Jan, 10, 1854.—tl date.

Tie Ladies of Jamey Kirk

HOLDING

INTEND

Good Old Time

Tt AND FANCY TABLE,

EARLY IN MAFCH.

a@ Further particulars wi!! be vivir,

GIVIG ELECTION BY THE MAYOR

N pursuance ofan actof the General As- I sembly of this Island, made and passed in the forty-third year of the reign of Her pre- sent Majesty Queen Victoria, intituled: “An Act to amend the Act of the eighteenth Vic, toria, Chapter thirty-four, intituled ‘An Act to Incorporate the town of Charlottetown and all Acts amending the eame’.”

Ido hereby give Public Notice that an

Election of a Mayor aud one person to Serve as a Gommen Council-

man in ths City Council for each: Ward sf guid City,

Being in all a MAYOR and FIVE COMMON COUNCILMEN, will ve held on

WEDNESDAY,

the 23rd Day of January, A; D., 1884, At the several plac 7 that ir to say:

In Wari No.1, at-or near the store of Meegrs. J. & |. Moriis, corner of Queen and Water Streets.

In Ward No. 2, at or near the house of Thouys Couno!ly, opposite Mr, R Beatta’s Warehouse, Sydney Street, between Great George and Prince Streets:

Iv Ward No, 3, at or near the Market House.

In Ward No. 4, at or near the Fire Engine House, tronting on Kent Street, east, between Weymouth and Cumberland Streois.

Iw Ward No.5, af or near the house of Widow Tierney, cornes of Eusion and Great George Streets.

And at the said Election the Poll will be opened at nine o'clock in the forenoon, and continue ‘open until five o'clock jn the after. boon of the same day.

DESCRIPTION OF WARDS,

Number’One shell com prise all that part of Charlottetown which lics sovih of Dorchester Street, and the pajce! of Jand formerly known as the Military Barrack Ground.

Number Two shall coniprise all that part of Charlottetown which lies south, of Kichmond Street and north of Dorchester ts.

Number Three shail comprise ail that part of Charlottetown which ties sunth of Grafton Street and north of Richmond Street.

Number four shal/l comprise all that part of Charlottetown which lies south of Fitzroy Stieet and North of Grafton Streets.

Number five shall comprise all that part of Charlottetown which lies north of Fitsroy Street, including the Common of the said Town.

NGMINATION DAY. Act 43, Victoria, Cap. 15.—“seven Days efore the time of any and every eleciion for Mayor or Councillors, the Person or Candi- dates for the office of Mayor or Councillor shall give their names in as such Candidates to the City Clerk, and the.City Clerk shall duly enter the names, residences and additions of sueh persons, together with the office and wards for which they are candidates, and such entry, when made, shall be deemed nom- ination for such candidates.” _ There shall be paid by each person so nom. Mnated tor Mayor, at ihe same time,a fee of ten dollars, and by cach person 80 nomizated as Council'or, 4 fee of five dollars which snms shall go toward peying the cost of the election,

No person shall be qu:lified ether for the office of Mayor or Councillor unless such nomination be made in manner and the time aforesaid,

The time appointed for the nomination of candidates, shal] he from the time of twelve at noon, until the hour of four o’clock in the afternoon of the day fixed for that purpose

Qual fication of Electors, see Act 43, Vic- toric, Cap. 15, sec 20 and 64,

[L, 8.] DAVID R. M. HOOPER, Mayor of the City of Charlotetown, A. H. MacPHERSON, City Clerk,

Mayor's Office, Charlottetown, Jon, 8, 1884—t] 28 diy,